HomeMy WebLinkAboutSupplement No. 8SUPPLEMENT
June 2006
CODE OF ORDINANCES
City of
WINTER SPRINGS, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 2005-31, enacted November 28, 2005.
See the Code Comparative Table for further information.
Remove old pages
ix, x
Checklist of up-to-date pages
137-140
625-630
209% 2100
Insert new pages
ix, x
Checklist of up-to-date pages
(following Table of Contents)
137-140
625-630
2099, 2100
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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Website: www,mumcode.com
TABLE OF CONTENTS
i
Current Officials of the City .................................. iii
Preface..................................................... v
Adopting Ordinance ......................................... vii
Checklist of Up -to -Date Pages ................................ M
CHARTER
Charter..................................................... 1
Art. I. Corporate Name ............................. 3
Art. II. Territorial Boundaries ....................... 3
Art. III. Powers of the City., 0 goo Poe* a 0 & 6 0 0 0 P 0 0 ft 0 a 3
Art. IV. Governing Body ............................ 3
Art. V. City Manager ............................... 7
Art. VI. Administrative Departments ................ 8
Art. VH. Financial Procedure ........................ 9
Art. VIII. Nominations and Elections ................ 10
Art. IX. Initiative and Referendum .................. 11
Art. X. Amendments ................................ 13
Art. XI. Severability................................ 13
Art, XII. Powers .................................... 13
Art. XIII. Transitional Provisions .................... 13
Charter Comparative Table .................................. 67
CODE OF ORDINANCES
Chapter
1. General Provisions, 77
2. Administration .......................................... 133
Art. I. In General ................................... 136.1
Art, II. City Commission ............................ 136.2
Art. III. Boards, Committees, Commissions........... 136.2
Div. 1. Generally ............................... 136.2
Div. 2. Code Enforcement ....................... 138
Subdiv. A. Board ........................... 138
Subdiv. B. Citations ........................ 140.3
Div. 3. Reserved., go 9*00* so 0 0 0 0 0 0 a 0 & 0 0 a a a a & 0 144
Div. 4. Beautification Board ..................... 144
Art. IV Elections.............. 145
Art. V. Annexations and Rezoning ................... 148
Art, VI. Finance................. & 148
Div. 1. Generally ............................... 148
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WINTER SPRINGS CODE
Chapter Page
Div. 2. Purchasing .............................. 148
Div. 3. City -Owned Personal Property ..... , , .. , .. 148.1
Art. VII. Emergency Management ................... 149
Div. 1. Generally ............................... 149
Div. 2. Conditions of Emergency ................. 152
3. Alcoholic Beverages ...................................... 203
4. Animals ................................................. 257
5. Tree Protection and Preservation ......................... 309
App. A. Undesirable Trees .......................... 327
App. B. Desirable Trees ............................. 329
App. C. Caculating Tree Protection Zone ............. 334
App. D. Tree Protection Area Signage ................ 353
6, Buildings and Building Regulations ....................... 365
Art. I. In General... 369
A A,
L',. 11. L1LL111111t6LAU blull .............................. tjUU
Div. 1. Generally ............................... 369
Div. 2. Reserved ................................ 377
Art. III. Building Construction Standards ............ 377
Art. IV Flectricity .... 378,3
Art. V. Plumbing ................................... 378.4
Art. VI. Mechanical ................................. 379
Art. VII. Unsafe Buildings .......................... 379
Art. VIII. Fences, Walls, Hedges ..................... 380
Art. IX. Swimming Pools ............................ 382
Art. X. Gas Code ................................... 386
Art. XI. Reserved ................................... 386
Art. XII. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit .................... 386
7. Fire Prevention and Protection ........................... 433
Art. I. Fire Department ............................. 435
Art. II. In General .................................. 435
Art. III. Local Amendment to the Florida Fire Preven-
tion Code .................................. 436
Art. IV. Fire Hydrants .............................. 437
8. Flood Damage Prevention. 493
Art. I. In General. . 4 0 495
Art. II. Administration, 500
Art. III. Standards ................................. 504
9. Land Development ....................................... 555
Art. I. In General ................................... 561
Art. II. Procedure for Securing Approval of Plans and
Plats ....................................... 563
Div. 1. Generally ............................... 563
Div. 2. Preliminary Plan ........................ 564
Div. 3. Final Development Plan, Final Plat.. 566
Supp. No. 8 g
Checklist of Up -to -Date Pages
his checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and
supplementation many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user
to determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "OC" indicate the pages have not been reprinted
in the Supplement Service and appear as published for the original Code.
When a page has been reprinted or printed in the Supplement Service, this
column reflects the identification number or Supplement Number printed on
the bottom of the page.
In addition
Page No.
Title page
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viii
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Supp. No. 8 [5]
ADMINISTRATION
appointment shall not be construed as creating or
conferring, upon a person, any right or interest in
serving on a board or committee including, but
not limited, to a contract, liberty, property or
vested right.
(e) Term. Unless otherwise provided by state
or federal law, all board and committee members
shall be appointed to serve three-year terms and
may be reappointed by the city commission for
subsequent three-year terms without limitation.
If a member is removed, or vacates their appoint-
ment for any reason, including death, excessive
absences, or resignation, prior to the expiration of
their term, the city commission may at its discre-
tion appoint the first alternate member described
below, or other qualified individual, whom shall
serve the remaining portion of the unexpired
term.
(f) Absences. Unless otherwise provided by state
or federal law, or for boards and committees that
regularly meet on a quarterly or less frequent
basis, any board or committee member incurring
three (3) consecutive absences from any regularly
scheduled meeting of the board or committee, or
seven (7) absences from any meeting of the board
or committee within a twelve-month period (start-
ing with the last absence and counting back-
ward), shall be deemed automatically removed
from the respective board or committee in which
the absences have occurred. For boards and com-
mittees that regularly meet on a quarterly or less
frequent basis, the number of absences which
shall cause automatic removal shall be two (2)
consecutive or two (2) within a twelve month
period. Any meeting which is cancelled, other
than for lack of a quorum, shall not be counted for
purposes of determining absenteeism. Absences
which occurred prior to the date of reappointment
of any board or committee member shall not be
counted toward automatic removal.
(g) Chairmanships. Unless otherwise provided
by state or federal law, each board and committee
shall be responsible to elect, by majority vote of
the members of each board or committee, a chair-
person and vice -chairperson. The election shall
occur annually at the first meeting held in Janu-
ary, unless there is no January meeting, then the
next meeting held. All newly established boards
and committees shall make such elections at their
regularly held meeting and then annually as
stated above. Alternate members (as provided
below) shall not be elected to positions of chair-
person or deputy -chairperson.
(h) Alternate members. At the discretion of the
city commission, two (2) alternate members may
be appointed to each City of Winter Springs board
or commission, unless otherwise provided by law.
Alternate members shall be provided with all
agendas and documentation provided to regular
members and shall be permitted to provide input
during discussions. Alternate members shall not
be permitted to vote on matters before the board
unless they have assumed the duties of an absent
regular member.
The member of the board who has served longer
as an alternate member shall be the first alter-
nate board member. If the first alternate member
leaves the board or is appointed a regular board
member, the successor to the first alternate board
member shall be that alternate board member
with the longer service as an alternate member.
The next appointed alternate member shall be
designated as the second alternate board mem-
ber.
In the absence of a regular member from an
official board meeting, the first alternate board
member shall assume all duties of the absent
regular board member, including the right to vote
on any matter before the board at that meeting. If
two (2) or more regular board members are absent
from an official board meeting, the second alter-
nate member shall assume all duties of an absent
regular member, including the right to vote on
any matter before the board at that meeting.
In the absence of the first alternate board mem-
ber from an official board meeting, the second
alternate board member shall act in the place of
the absent first alternate, including the right to
vote on matters before the board at that meeting
if a regular member is absent at that meeting.
(i) Multiple board or committee membership.
No member of any appointed board or committee
of the City of Winters Springs shall be allowed to
serve on more than one such board or committee
at a time, with the exception of appointments to
Supp. No. 8 137
WINTER SPRINGS CODE
ad hoc committees of temporary duration. Any
board or committee member, at the time of the
effective date of this subsection [Jan. 14, 2002]
who is a member of more than one (1) board or
committee, may continue to serve on each such
board or committee until the expiration of the
current term of each respective board, the mem-
ber resigns from such board or committee, or is
removed, in accordance with this Chapter, from
any such board or committee.
(Ord. No. 200149, § 2, 10-8-01; Ord. No. 2001-61,
§ 2, 144-02; Ord. No. 2002-28, § 2, 9-23-02; Ord.
No. 2005-31, § 2, 11-28-05)
Secs. 2-43-2-55. Reserved.
DIVISION 2. CODE ENFORCEMENT*
Subdivision A. Boards
Sec. 2-56. Creation.
The city does herewith and does hereby create
a code enforcement board pursuant to the terms
of F.S. Ch. 162.
(Code 1974, § 2-51)
Sec. 2-57. Membership; appointment; quali-
fications.
The code enforcement board shall consist of
seven (7) members to be appointed by the city
commission. Appointments to the board shall be
on the basis of experience or interest in the fields
of zoning and building control. The membership
of the enforcement board shall, whenever possi-
*Cross references —Animals, Ch. 4; arbor, Ch. 5; build-
ings and building regulations, Ch. 6; fire prevention and
protection, Ch. 7; flood damage prevention, Ch. 8; an devel-
opment, Ch. 9; licenses and business regulations, Ch. 10;
nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch.
16; streets, sidewalks and other public places, Ch. 17; utilities,
Ch. 19; zoning, Ch. 20.
State law reference —Code enforcement boards, F.S. Ch.
162*
tEditor's note —For classification purposes, §§ 2-56—
2.65 have been categorized as Subdiv. A, Board. See editor's
note at Subdiv. B, §§ 2-66-2-69.8, herein,
Supp. No. 0 138
ble, include an architect, a businessperson, an
engineer, a general contractor, a subcontractor
and a realtor or as otherwise provided by law.
(Code 1974, §§ 2-52, 2-53; Ord. No. 2002-28, § 21
9-23-02; Ord. No. 2005-26, § 2, 942-05)
State law reference —Membership, F.S. § 162.050
Sec. 2-58. Election of officers; quorum; com-
pensation; expenses.
The members of the enforcement board shall
elect a chairman from among its members who
shall be a voting member. The presence of four (4)
or more members shall constitute a quorum of the
enforcement board. Members shall serve without
compensation, but may be reimbursed for such
travel, mileage and per diem expenses as may be
authorized by the city commission or otherwise as
uviuUu uy yaw.
(Code 1974, § 2-54)
State law reference�Similar provisions, F.S. § 162.05(3).
Sec. 2-59. Code inspector; duties.
There shall be a code inspector ho may
wbe any
authorized agent or employee of the city. It shall
be his duty to ensure code compliance and to
tiate enforcement proceedings. No member of
the code enforcement board shall have the power
to initiate such enforcement proceedings. If it is
determined that there has been a violation of the
codes of the city, the code inspector shall notify
the violator and give him a reasonable time to
correct such violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the enforcement board
and request a hearing pursuant to the procedure
hereinafter established. Written notice shall be
mailed to the violator by certified mail, return
receipt requested. Where mail would not be effec-
tive, notice shall be by hand delivery by the code
inspector. Notwithstanding the above, in the event
the code inspector has reason to believe a viola-
tion presents a serious threat to the public health,
safety and welfare, or the violation is irreparable
or irreversible in nature, the code inspector may
proceed directly to the hearing procedure pro-
vided in section 2-60 and make a reasonable effort
to notify the violator.
(Code 1974, § 2-55)
State law reference�Similar provision, F.S. § 162.06(2),
(3).
ADMINISTRATION
Sec. 2-60. Hearings.
(a) Hearings of the code enforcement board
may be called upon request of the code inspector
or by the chairman of the board or by written
notice signed by at least three (3) members of the
board. Future hearings may be set at any hearing
of the code enforcement board. The code enforce-
ment board shall attempt to convene at least once
every two (2) months, but it may meet more or
less often as the demand necessitates. Minutes
shall be kept of all hearings by the code enforce-
ment board and all hearings and proceedings
shall be opened to the public. The city commission
shall provide clerical and administrative person-
nel as may be reasonably required by the code
enforcement board for the proper performance of
its duties. A member of the administrative staff of
the city shall present each case before the code
enforcement board. The testimony presented to
the code enforcement board shall be under oath
and shall be recorded. The code enforcement
board shall take testimony from the code inspec-
tor and the alleged violator. Formal rules of
evidence shall not apply, but fundamental due
process shall be observed and shall govern such
proceedings.
(b) At the conclusion of the hearing, the code
enforcement board shall issue findings of fact,
based on evidence of record, and conclusions of
law and shall issue an order affording the proper
relief consistent with powers granted herein. The
findings shall be by motion approved by a major-
ity of those present and voting, except that at
least four (4) members of the code enforcement
board must vote in order for the action to be
official. The order may include a notice that it
must be complied with by a specified date and
that a fine may be imposed if the order is not
complied with by that date.
(Code 1974, § 2-56)
State law reference —Conduct of hearing, F.S. § 162.07.
Sec. 2-61. Powers.
The code enforcement board shall have the
following powers:
(1) Adopt rules
ings;
for the conduct of its hear-
Supp. No, a 139
WINTER SPRINGS CODE
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Supp. No. 8 140
Column 2 Total One of Daily Dis
Daily Dlip Daily Two 71•ip Percent of tribution'
GBAIGLA Rate Trips Ends New Zips Factor
GLA 15.86 190.32 0.5 74 1
ITEM Pump 162.78 1,953.36 0.5 22 0.67
Code Land Use Type STL 108 540 0.5 50 0.74
Industrial GFA 24.87 124.35 0.5 61 1
110 General light industrial GFA 20.36 264.88 0.5 61 1
130 Industrial park GFA 102.24 3,987.36 0.5 61 1
150 Warehousing GFA 737.99 11475.98 0.5 22 0.67
151 Mini -warehouse GFA 845.8 2536.8 0.5 22 0.67
Residential GFA 29.8 3,844.2 0.5 55 1.05
210 Single-family det/att GFA 5.06 349.14 0.5 53 0.84
220 Apartment
30 1.23
230 Res. condo/townhome GFA 156.48 782.4 0.5
2GFA 246.49 985.96 0.5 30 1.56
40 Mobile home park
253 Congregate care
Lodging 7-05)
320 Motel
Recreational
430 Golf course
444 Movie Theater
491 Racquet club
Institutional
560 Church
565 Day care center
591 Lodge/Fraternal org.
Medical
610 Hospital
620 Nursing home
630 Clinic
Office
710 General office building
720 Medical/dental off bld
750 Office park
770 Business park
Commercial
812 Bldg mat/lumber store
814 Specialty retail center
815 Discount store
816 Hardware/paint store
817 Nursery/garden store
820 Shopping center
820 Retail
0-24,999 sq. ft.
25,000-49,999 sq. ft.
50,000-99,999 sq. ft.
100,000-199,999 sq. ft.
200,000-299,999 sq. ft.
931 Quality restaurant
932 High Turnover Sit-d. res
933 Fast food w/o drive-thru
934 Fast food w/ drive-thru
Supp. No. 8
New Daily
Average
?rips At-
Trip
tributable
Length
To Site
(Miles)
New Daily
% of Vehi-
Vehicle
cle Miles
Miles on
on City
City Sys -
System
tem
New City
Street Sys- Current
LOS D Per tem Lane Cost Per
Lane Miles Lane Mile
Updated
Total Total Cost
Cost/Site Per Unit
70.42
5.00
53.47
188.26
8050
0.0234
1,934,783.00
45,248.35
3,770.70
143.96
0.75
53.47
57.73
8050
0.0072
1,934,783.00
133875.79
1,156.32
99.90
2.25
53.47
120.19
8050
0.0149
11934,783.00
283886,48
5,777.30
37.93
3.26
53.47
66.11
8050
0.0082
1,934,783.00
15,889.48
31177.90
80.73
3.26
53.47
140.72
8050
0.0175
1,934,783.00
33,820.90
2,601.61
1,216.14
3.26
53.47
2119689
8050
0.2633
11934,783.00
5091506.18
13,064.26
108.78
0.75
53.47
43.62
8050
0.0054
11934,783.00
10,484.69
51242.35
186.96
0.75
53.47
74.98
8050
0.0093
119341783.00
181020.28
61006.76
1,110.01
5.00
53.47
2,967.62
8050
0.3686
11934,783.00
713,254.53
51529.10
77.72
5.00
53.47
207.78
8050
0.0258
11934,783.00
49,939.17
723.76
144.35
1.50
53.47
115.78
8050
0.0144
1,934,783.00
27,826.79
5,565.36
230.71
1.50
53.47
185.04
8050
0.0230
1,9341783.00
44,474.70
11,118.67
LAND DEVELOPMENT
Secs. 90387-9-390. Reserved.
DIVISION 3. POLICE, FIRE, PUBLIC
BUILDINGS AND PARKS AND RECREATION
Sec. 9-391. Generally.
The city commission hereby establishes police,
fire, public buildings and parks and recreation
impact fees under the requirements of this divi-
sion. The city commission finds that the Florida
Growth Management Act mandates that local
government plan comprehensively for future
growth and that this division is consistent with
that mandate. In addition, Section 163.3202(3),
Florida Statutes, encourages the use of innova-
tive land development regulations which includes
the adoption of "impact fees." Further, new land
development activity generates public facility and
service demands within the city and it is reason-
able to require new development to pay a fair
share of the cost of expanding new public facilities
and services attributable to new development.
This division is enacted pursuant to the Florida
Municipal Home Rule Powers Act, Chapter 163,
Florida Statutes, the City of Winter Springs Com-
prehensive Plan, and other applicable law autho-
rizing a municipality to set rates, fees, and charges
for new development.
(Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38,
§ 2, 11-10-03)
Sec. 9- Owl .1. Levy and purpose.
For the purpose of helping to defray the cost of
new or expanded police, fire, public building and
parks and recreation facilities and equipment
attributable to new construction within the city
limits, impact fees are hereby levied on new
construction within the city limits in accordance
with the provisions of section 9-391.5, payment of
fees, and other provisions of this division. This
Editor's note —Ord. No. 2003-04, § 2, adopted April 28,
2003, amended former Div. 3, §§ 2-391-2-391.12, in its
entirety which pertained to police public safety facilities and
derived from Ord. No. 487, §§ 1-12, 7-9-90; Ord. No. 597,
§§ 1-12 9-25-95; Ord. No. 741, §§ 1-12, 9-27-99; Ord. No.
688, §§ 1-12, 10-27-97.
Cross references —Buildings and building regulations,
Ch. 6; building permits, § 646 et seq.; planning, Ch. 15;
zoning, Ch. 20.
§ 9-391.2
sion is intended to be consistent with the
principles for allocating a fair share of the cost of
new public facilities to new users as established
by the Florida Supreme Court. In support of, and
as legal justification for, the impact fees adopted
under this division, the city commission hereby
adopts by reference the reports prepared by Land
Design Innovations, Inc. entitled, "City of Winter
Springs Impact Fee Analysis Report for Police,
Fire/Rescue and Parks & Recreation," dated No-
vember 2002 and "City of Winter Springs Public
Buildings Impact Fee Analysis Report," dated
August 2003.
(Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38,
§ 2, 11-10-03)
Sec. 9-391.2. Definitions.
Unless otherwise specified herein, the defini-
tions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development
Code.
(a) Building permit: Any building or construc-
tion permit required under the Winter Springs
Building Code, Chapter 6 of this Code.
(b) Fire public safety facilities capital improve-
ments: The land, building, facilities, vehicles and
equipment necessary for the fire department of
the city to provide firefighting and fire protection
services and paramedic services to the citizens of
Winter Springs.
(c) Nonresidential: Includes all land uses not
otherwise specified as residential or exempted as
set forth in this division. This shall include, but is
not limited to, day care facilities, residential care
facilities, nursing homes, boarding houses, home
occupations, educational facilities, libraries, cul-
tural facilities, churches, all commercial uses, all
transient lodging and entertainment facilities ex-
cept those which are temporary in nature, all
automotive facilities and/or structures, all miscel-
laneous business uses and services and all indus-
trial uses.
(d) Parks and recreation facilities capital im-
provements: The land, buildings, facilities, vehi-
cles, and equipment necessary for the parks and
Supp. No. 8 627
§ 9-391.2
WINTER SPRINGS CODE
recreation department of the city to provide parks
and recreation services to the citizens of Winter
Springs.
(e) Police public safety facties capital improve-
ments: The land, buildings, facilities, vehicles and
equipment necessary for the police department of
the city to provide police protection services to the
citizens of Winter Springs.
(f) Public buildings capital improvements: The
land, buildings, facilities, vehicles and equipment
necessary for the general administrative services
division of the city to provide general administra-
tive services to the citizens of Winter Springs.
(g) Residential: Includes single-family dwell-
ings, multifamily dwelling units, mobile homes,
accessory dwelling units, accessory residential
structures.
(Ord. No. 2003-04, § % 4-28-03)
Sec. 9-391.3. Applicability and exemptions.
(a) This division shall apply to all new con-
struction within the city limits except the follow-
ing:
(1) Expansion of a residential dwelling unit
not creating another dwelling unit; and
(2) Remodeling or rebuilding of any struc-
ture; and
(3) Construction under any building permit
originally issued during the year preced-
ing the effective date of this division; and
(4) Temporary activities and uses including,
but not limited to temporary construction
and temporary commercial amusements;
and
(b) In addition, nonresidential development shall
be exempt from parks and recreation impact fees.
(Ord. No. 2003-04, § 2, 4-28-03)
Sec. 9-391.4. Reserved.
Sec. 9-391.5. Payment of fees.
(a) Time of payment. The impact fees required
to be paid under this division shall be paid in
conjunction with the issuance of a building per-
mit, but in no case shall the building permit be
issued until all outstanding impact fees are paid
in full to the city.
(b) Method of payment. Impact fees shall be
paid in cash unless the city commission, at its sole
and absolute discretion, specifically accepts an
l
- .tea ,, a,;+.,1 V...,;1;+, ., -F...
111-uiau VVl UL LA/ll U1VLL V1 Y(A�1LL .,VY uNtUua lu Vili ua..0 1Vl
public use which is reasonably related to the
purpose of the credited impact fee. Credit for any
in -kind contribution shall be on a fair market
value basis as of the date the city commission
accepts the offer of such contribution. The fair
market value of any land accepted as an in -kind
contribution shall be based upon an appraisal of
its highest and best use then allowed under the
city's current land use and zoning designations.
The appraisal shall be performed by a certified
appraiser, licensed to do business in Florida,
acceptable to the city. Such appraisal shall be
paid for by the donor. No credit will be granted
pursuant to this section unless the contribution of
land or capital facilities for public use has been or
will be included in the capital asset inventory of
the department of the city for which the impact
fee is imposed.
(c) Amount of fee. The following impact fees
are hereby adopted:
(5) Public service structures; and (1) Fire:
(6) Publicly owned and operated buildings or (i) Residential:
structures used for general governmental
purposes (to include but not limited to Impact Fee
sewer, stormwater, police, fire, ground Payment Year Impact Fee Due
transportation, solid waste, parks, recre- 2003 $173.28
ation and cultural purposes); and 2004 174.41
(7) Construction associated with raising ani- 2005 700.00
mals; and 2006 700.00
(8) Construction related to agriculture. 2007 700.00
Supp. No. 8 628
LAND DEVELOPMENT
Note —Fee includes the same non-residential
development credit set forth below.
(ii) Non-residential: $1.300 per square
foot.
However, for non-residential devel-
opment a credit shall be deducted
from the calculated base fire impact
fee to offset payments which new
development will incur (in the form
of personal service taxes and fran-
chise fees) to retire outstanding City
of Winter Springs bonds which were
used to finance past fire capital im-
provements as follows:
Impact Fee
Payment Year Total Credit Due
2003 $41.00
2004 39.87
2005 38.64
2006 37.34
2007 35.94
(2) Police:
(i) Residential:
Impact Fee
Payment Year Impact Fee Due
2003 $105.47
2004 111.78
2005 355.59
2006 355.59
2007 355.59
Note —Fee includes the same non-residential
development credit set forth below.
(ii) Non-residential: $0.492 per square
foot.
However, a credit shall be deducted from
the calculated base police impact fee to
oMet payments which new development
will incur (in the form of personal service
taxes and franchise fees) to retire out-
standing City of Winter Springs bonds
which were used to finance past police
capital improvements as follows:
(3)
§ 9-391.6
Impact Fee
Payment Year Total Credit Due
2003 $176.08
2004 169.77
2005 163.02
2006 155.79
2007 148.05
Parks and recreation:
(i) Residential:
Impact Fee
Payment Year Impact Fee Due
2003 $914.53
2004 928.66
2005 1,200.00
2006 1,200.00
2007 1,200.00
Note —Fee includes credit which new develop-
ment will incur to retire outstanding bonds which
were used to finance past parks and recreation
capital improvements and to retire the Winter Springs
General Obligation Bond, Series 2002.
(ii) Non-residential: None.
(4) Fire, police, and parks and recreation fees
and credits have been determined through
2007. A reassessment of the impact fees
and credits shall be provided prior to 2007
and codified in the City Code.
(5) Public buildings:
(i) Residential: $400.00 per dwell-
ing unit.
(n) Non-residen- 925.00 per 1,000
tial: square feet.
Note —Fee includes credit which new develop-
ment will incur to retire the 1984 improvements
revenue bond (as refunded from time to time) which
was used to finance the construction of City Hall. At
the time of establishing this public building impact
fee, this bond was the only outstanding bond which
was used to fund past construction of city adminis-
trative service public buildings.
(Ord. No. 2003-04, § 2, 4-28-03; 2003-21, § 2,
6-23-03; Ord. No. 2003-38, § 2, 1140-03; Ord. No.
2005-30, § 2, 1047-05)
Sec. 9-391.6. Credits.
In addition to the discretionary credits autho-
rized by the city commission under section
Supp. No. 8 629
§ 9-391.0
WINTER SPRINGS CODE
9-391.5(b), an applicant for a building permit
shall be entitled to a credit against future impact
fees assessed pursuant to this division for contri-
butions, dedications, or improvements required
by the city or through agreements with the city as
a condition of any development permit by the city,
and said credit shall be an amount equal to the
fair market value of any contribution of land or
capital facilities for public use. The impact fee
credit and the applicable contribution, dedication,
or improvements must be reasonably related. The
fair market value shall be determined as of the
date the city commission accepts the offer of such
contribution. The fair market value of any land
accepted for credit of future impact fees shall be
based upon an appraisal of its highest and best
use and then allowed under the city's current
.
iallu use allu /Wiling UUb1S11aLlullbe T11U appl'aloal
shall be performed by a certified appraiser, li-
censed to do business in Florida, acceptable to the
city. Such appraisal shall be paid for by the donor.
No credit 4.vill be mronted pursuant to this section.
unless the contribution of land or capital facilities
for public use was made within the year preceding
the effective date of this division, and the contri-
bution of land or capital facilities for public use
has been or will be included in the capital asset
inventory of the department of the city for which
the impact fee is imposed.
(Ord. No. 2003-04, § 2, 4-28-03)
Sec. 9-391.7. Establishment of a trust fund.
(a) The impact fees collected by the city pursu-
ant to this division shall be kept separate from
other revenue of the city and a capital expansion
trust fund is hereby created for each impact fee
category created under this division as follows:
(1) Police protection capital expansion trust
fund.
(2) Fire protection capital expansion trust
fund.
(3) Parks and recreation capital expansion
trust fund.
(4) Public buildings capital expansion trust
fund.
Supp. No. 8 630
(b) Use of funds. The amounts in the impact
fee trust funds shall be exclusively used only for
the purpose obtained in the title of such fund and
for no other purpose. Expenditures from the fund
shall be specifically approved by the city commis-
sion and shall be limited to the expansion acqui-
on of capital facilities or equipment made
necessary by the new construction from which the
fees were collected or for principal payments
(including sinking fund payments) on bonds to
and or acquire such facilities or equipment.
Before authorizing an expenditure from any one
of these trust funds, the city commission shall
determine that:
(1) Such expenditure is for capital facilities
or equipment to be used for the purpose
contained in the title of the trust fund
1rU111 Wllll:ll L11U UXVU11Uiumu lb LU UC 111auu�
and
(2) Such expenditure is made necessary by
the new construction from which such
funds were collected; alld
(3) Such expenditure shall result in a benefit
to the new construction from which said
funds were collected.
(Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38,
§ 2, 11-10-03)
Sec. 9-391.8. Capital expansion plans.
The city's police, lire and parks and recreation
departments, which are to receive funds collected
pursuant to this impact fee division, shall prepare
and maintain a capital expansion plan for their
respective individual funds which shall be for a
period of no less than one (1) year. Each
department's plan shall be reviewed and ap-
proved by the city commission at least annually
during the budget review process. The city man-
ager or the city manager's designee shall be
responsible for the capital expansion plan for the
public buildings capital expansion trust fund.
(Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38,
§ 2, 1140-03)
Sec. 9-391.9. Refunds.
Refunds of the impact fees paid hereunder may
be allowed upon application thereof, when it is
determined that no construction under a building
CODE
COMPARATIVE TABLE
Ordinance
Section
Number
Date
Section
this Code
2001-61
1-14-02
2
242(i)
2001-62
1-14-02
2
2- M
2002-07
7- 8-02
2
20-258-20-262
3
20-251, 20-252,
20-254
4
20-232,20-232
2002-08
4- 8-02
1
Rpld
5-1-5-5
Added
54-549
2002-09
3-35-02
2
13-1, 13-2
200243
543-02
1
9-280, 9-281
2
20-473, 20-489
2000-20(Res.)
7-10-00
I —III
2-2(a), (b)
200248
7- 8-02
2
Rpld
6-250-6-258
2002-20
6-24-02
2
19-97
3
19400
4
19402
5
19438
6
19464(a)
2002-21
7- 8-02
2
16-55
2002-22
7-22-02
2
12-54, 12-65
3
19-300-19-304
2002-24
10-13-03
2
10436
2002-28
9-23-02
2
242, 2-57
2-78
3
14-52
4
18-55
5
20-53, 20-783
Rpld
20-54, 20-79
2002-31(Res.)
9-23-02
I —Ill
2-2(a), (b)
2002-31
10-28-02
2
6-211, 6-219(c)
3
6-85
2003-01
8-11-03
1
Rnbd
34-3-5
as
3-2--3-6
2
Added
34, 3-71 3-8
2003-02
7-28-03
2, 3, 8
18421
2003-04
4-28-03
2
Rpld
2-391-2-391.12
Added
2-391-2-391.12
3
Rpld
2-396-2-396.12
2003-06
12- 8-03
2
16-57(12),(13)
3
20-337(8), (9), (13),
20470,20486
2003-07
4-28-03
2
6-84(f)
2003-17
6- 9-03
2
Rpld
20-59
2003-21
6-23-03
2
9-391.5(c)
2003-22
10-13-03
2
5-1-5-10,
5-12-549
2003-23
6-23-03
2
20-463
2003-24
6-23-03
2
20-234
2003-26
8-11-03
2
9-281(7)
2003-30
8-11-03
1
1-15(c)
2003-33
9- 8-03
2
13-70-1347
2003-36
10-13-03
2
Rpld
9-278(7)
Added
9-561-9-568
3
10-60
4
16-51, 16-56(a)
5
Rpld
20-233
2003-38
1140-03
2
9-391, 9-391.1,
Supp. No. 8 2099
WINTER SPRINGS CODE
Ordinance
Section
Number
Date
Section
this Code
9-391.2(f), (g),
9-391.5(c)(5),
9-391.7(a)(4),
9-391.8, 9-391.10
2003-39
11-10-03
2
9-281(7)
2003-40
1-26-04
2
9-281(7)
2003-41
2- 9-04
2
Rpld
10-51-10-10-72
Added
10-51-10-95,
10400-10402
2003-43
1-26-04
2
Rpld
20-475, 20-491
Added
9-600-9-606
2004-01
1-26-04
2
19.161.51 19-1621
19464,
19468-19-175
2004-02
2- 9-04
20-345-20-345A
2004-03
2-23-04
2
10415
2004-04
1-26-04
2
20-101,20-102
2004-24
644-04
2
9-206
onnA 09
g_lA_nn
7
7_971 2-9R
2004-28
7-12-04
2
20-2311 20-2321
20-2341 20-2361
20-237,
20-252-20-255,
20-258, 20-259,
20-261-20-263,
3
20-346-20-346.4
2004-29
7-26-04
1
13-62
2004-31
7-26-04
2
6-86
2004-37
8-23-04
1
2-96
2004-49
12-13-04
2
20-26-2-36,
20-82
Rpld
20-83, 20-1-2(d), (e)
Amd
20-123, 20-1431
20463, 204831
20-208, 20-232(b)
Rpld
20-268(b)
Amd
20-337(18), 20-451
3
6-192, 9-386.4
2005-09
3-28-05
2
20-1, 20-206
20-208
2005-10
3-14-05
2
9-386.3(e)
3
9-386.7 (Exh. B)
200543
5-23-05
2
20-261
2005-16
8- 8-05
2
Rpld
13-26-13-34
Added
13-26-13-44
2005-17
6-27-05
2
6-193
2005-18
7-11-05
2
12-27(4), 12-65(1)a,
3
20-334(c)
2005-24
6-27-05
2
20-337
2005-26
9-12-05
2
2-57
2005-30
1047-05
2
9-391.5(c)
3
Ch. 9, Exh. B
2005-31
11-28-05
2
2-42(f)
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Supp. No. 8
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